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Maltese Laws |
IMMIGRATION ACT
To restrict, control and regulate immigration into Malta and to make provision for matters ancillary thereto.
21st September, 1970
ACT IX of 1970, as amended by Acts XLIV of 1972, XLIX of 1981, VIII of 1982, XIII of
1983, XXXIII of 1988, XXV of 1989, VIII of 1990, XXIV of 1995, IV and IX of 2000, XXIII of
2002, and VIII of 2004; Legal Notice 248 of 2004; Acts XIII and XVII of 2005; Legal Notices
274 and 411 of 2007; Acts VII and XV of 2008, and XVIII of 2009.
ARRANGEMENT OF ACT
Articles | ||
Part I | Preliminary | 1-3 |
Part II | Exempt Persons | 4 |
Part III | Special Provisions | 4A |
Part IV | Prohibited Immigrants | 5-25 |
Part V | General | 25A-36 |
PART I | ||
PRELIMINARY | ||
Short title. | 1. | The short title of this Act is the Immigration Act. |
Interpretation. | 2. | In this Act, unless the context otherwise requires - |
Amended by: XXV. 1989.2; VIII. 1990.3;
IX. 2000.7; XXIII. 2002.3; L.N. 248 of 2004;
L.N. 274 of 2007.
"Board" means the Immigration Appeals Board constituted by article 25A;
"Border Agreement" means an agreement to which Malta is a p art y or an y rul e in or un de r t he Tre aty pro vi d in
g for co m mo n border controls and free entry and exit of persons lawfully with the territory, into and from each of the territories
of the Member States or States parties to the agreement, and Border Agreement State and citizen of a Border Agreement State shall
be construed as such;
" carrier" m e a n s an y pe rs on w h o s e o ccu pa ti on is to pro v i d e passenger transport by air, sea or land;
"citizen of a Member State" means a citizen of a state party to the
Treaty;
"dependant" in relation to another person means -
(a) the child or step-child of such person, if the child or the step-child is under the age of twenty-one years;
(b) an adopted child under the age of twenty-one years, having been adopted by such person in a manner recognised by law;
(c) a parent or grandparent of such person who proves to the satisfaction of the Principal Immigration Officer that he is wholly
maintained by the said person;
(d) any other member of the family as may be prescribed by the Minister;
"deportation order" means an order made under article 22;
"to embark" includes departure by any form of conveyance;
Cap. 460. "European Union" has the meaning assigned to it in the European
Union Act;
"exempt person" means any person to whom Part IV of this Act does not apply in accordance with article 4 of the same Act;
"implied condition" means a condition referred to in article 11;
"keeper" where used in relation to a hotel means a hotel-keeper
Cap. 197.
as defi ned in the Hot el s an d Caterin g Est ab lishment s Act, an d, where used in relation to premis es whe r e accommodation
is provided for reward, includes any person who for reward receives any other person to lodge in the premises either on his own behalf
or as a manager or otherwise on behalf of any other person;
"to land" means to arrive or to enter by any form of conveyance and references to landing, unless the context otherwise
requires, include references to attempting to land;
"Malta" means the Island of Malta, the Island of Gozo and the
other islands of the Maltese Archipelago;
"master of a vessel" includes the captain of an aircraft;
"member of a crew" means any person employed in the working or service of a vessel;
"Minister" means the Minister responsible for immigration;
"passenger" means any person, other than a member of a crew, travelling or seeking to travel on board a vessel;
"passport" means a passport referring to t h e person who is required to produce the same, furnished with a photograph of
such person, which is valid on the date on which the same person seeks entry into Malta and is not due to expire before the proposed
date of departure of the same person from Malta, and includes any other similar document establishing the identity and nationality
of the per s o n to w h o m i t ref e r s to t h e sat i sf act io n of th e Pr in ci pal Immigration Officer;
"port" means any place where a person lands in or embarks from
Malta and includes an airport;
"prescribed" means prescribed by regulations made under this
Act;
"Principal Immigration Officer" means the person appointed to such office by the Prime Minister under article 3, and includes,
w i th in t h e li mi ts of an y aut h or it y gr ant e d by t h e Pr in cip a l Immigration Officer under article 3(3), any public
officer acting under such authority;
"remov al or der" mean s an or der i s su ed by th e Prin ci pal Im mi gr atio n Of f i cer o r the Im mi gratio n App eals
Bo ard in accordance with article 14, or the Court of Appeal under article
25A as the case may be;
"residence permit" means a permit issued under article 7(1);
"Schengen acqu is " means the Agre em en t be tw een th e Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany a nd the French Repu blic on the gradual abolition of checks at their common borders of the 14 June
1985 and the Conv enti on o f 1 9 Jun e 19 90 i m p l emen tin g th e Schengen Agreement of 14 June 1985 between the Governments of
the States of the Benelux Economic Union, the Federal Republic of G e rmany and the French Rep ublic on the gradu a l abol ition
of che c ks a t their common borders, a n d includes all other acts buil d ing upon it or otherwise rel a t e d to it, as well as
related agreements
"the Treaty" has the same meaning assigned to it in the European
Union Act;
"vess e l" includes aircraft, but does not include a vess el belonging to, or in the service of, the military, naval or
air force of any country.
Cap. 460.
Appointment of Principal Immigration Officer. Amended by: VIII. 1982.2; XXXIII. 1988.2; IX.2000.7.
(2) The Principal Immigration Officer shall have such powers and duties as are conferred or imposed on him by or under this Act
or as may be prescribed for giving effect to this Act:
Provided that in the exercise of his functions under this Act, the Principal Immigration Officer shall act in accordance with the
general or special directions of the Minister:
Provided further that it shall not be lawful for any person to enquire in any court whether the Principal Immigration Officer has
actually received, or acted in accordance with, any such directions.
(3) The Principal Immigration Officer may authorise in writing any public officer to exercise or perform on his behalf any powers
(except the power granted by this sub-article) or duties under this Act or regulations made thereunder.
(4) Authority under the last preceding sub-article may be granted either personally to a public officer or impersonally
to any public officer for the time being performing any specific duties in the public service.
PART II
Persons to whom Part IV of Act does not apply.
Amended by: XLIV. 1972.2;
VIII. 1982.2; XXXIII.1988.2:
XXV. 1989.3; IV. 2000.17; IX. 2000.8;
XXIII. 2002.4.
Cap. 188.
Cap. 191.
EXEMPT PERSONS
(a) who is a citizen of Malta; or
(b) who, in accordance with article 44(4) of the Constitution of Malta, is deemed to be a citizen of Malta by
virtue of article 3(1) or of article 5(1) of the Maltese Citizenship Act; or
(c) who is entitled to immunities and privileges by virtue or under any provision of the Diplomatic Immunities and Privileges Act; or
(d) who is a member of the armed forces of a country other than Malta which are present in Malta under and within the scope
of arrangements with the government of Malta; or
(e) who is in Malta in an advisory or consultative capacity to the Government on invitation of the same; or
(f) who is a dependant of any person referred to in the foregoing paragraphs; or
(g) who is the spouse of any person referred to in any of the foregoing paragraphs and is still married to and living with that person;
and
(h) who is the widow or widower of any person mentioned
in paragraph (a) or (b) and at the time of his or her death was still living with that person:
Provided that the spouse or the dependent of a person referred to under paragraphs (d) and (e) shall not in Malta exercise an y profession or occupation or hold any appointm e nt or be employed by any other person or engage
in business without, and other than in accordance with the conditions of, a licence from the Minister which the latter may at any
time vary or withdraw as he may deem fit, and provided further that such dependant shall cease to be an exempt person if he contravenes
this provision or if he d o es n o t comply wit h any of the co ndit i ons contained i n such licence.
(2) The Minister may by order to be notified to any person referred to in subarticle (1)(g) and (h) hereof, not being a person to whom subarticle (1)(a) to (f) hereof may refer, declare such person to be no longer an exempt person, if the Minister is satisfied that the grant of such an exemption
to such person is not in the public interest, and upon the issue of such an order the provisions of Part III of this Act shall apply
to such pe rson. Notwit hstanding the foregoing provisions of this sub-article such Order may also be n o tified t o , an d apply
in relatio n to, any person referred to i n subarticle (1)(f) being a dependant over the age of eighteen years.
(3) The Minister shall not be required to assign any reason for the issue of any order referred to in subarticle (2) and the decision
of the Minister on any such order shall not be subject to appeal to or review in any court.
PART III
Special Provisions
(a) grant and regulate the right of any citizens of a Member State or their dependants to enter, remain and reside in, and
leave Malta;
(b) grant and regulate the right of persons mentioned in the preceding paragraph to seek employment and work in Malta and
to establish services and, or provide or receive such services in Malta;
(c) grant and regulate the rights mentioned in the preceding paragraphs to any person and his dependants who, though
not being a person mentioned in paragraph (a), is lawfully in the territory of any state which is bound by a Border Agreement.
(2) Any right granted under this Part shall always be subject to such limitati ons as may be reas onabl y ju st ified o n
gro und s of
Added by: XXIII. 2002.6.
Special provisions.
Added by:
XXIII. 2002.6.
Amended by:
L.N. 248 of 2004.
public policy, public security and public health.
Substituted by: XXIII. 2002.5.
Prohibited immigrants. Amended by: XLIX.1981.4; XXIII. 2002.7.
Cap. 36.
Cap. 63. Cap. 101.
PART IV
PROHIBITED IMMIGRANTS
(2) Notwithstanding that he has landed or is in Malta with the leave of the Principal Immigration Officer or that he was granted
a residence permit, a person shall, unless he is exempted under this Act from any of the following conditions or special rules applicable
to him under the foregoing provisions of this Act, be a prohibited immigrant also -
(a) if he is unable to show that he has the means of supporting himself and his dependants (if any) or if he or any of
his dependants is likely to become a charge on the public funds; or
(b) if he is suffering from mental disorder or is a mental defective; or
(c) if, having landed in Malta pursuant to or under any regulation made under articles 44 and/or 50 of the Prevention of Disease Ordinance, he is still in Malta after the lapse of the period of fifteen days from the day on which the Superintendent of Public Health
certifies in writing that the stay of such person in Malta is no longer required under and for the purpose of such regulation;
or
(d) if he is found guilty by a court of criminal jurisdiction in Malta of an offence against any of the provisions of the White Slave Traffic (Suppression) Ordinance or of the Dangerous Drugs Ordinance or of a crime, other than involuntary homicide or involuntary bodily harm, which, in the case of a first crime committed by such
person, is punishable with imprisonment for a term of not less than one year or, in the case of a second or subsequent crime
committed by such person, is punishable with imprisonment for a term of not less than three months; or
(e) if he contravenes any of the provisions of this Act or of any regulations made thereunder; or
(f) if he does not comply or ceases to comply with any of the conditions, including an implied condition, under which he was
granted leave to land or to land and remain in Malta or was granted a residence permit; or
(g) if any circumstance which determined the granting of
leave to land or to land and remain in Malta or the extension of such leave or the granting of a residence permit ceases to exist;
or
(h) if such person is a prostitute; or
(i) if he is a dependant of a person who is a prohibited immigrant under any of the provisions of this sub- article.
(a) grant leave to land or leave to land and remain in Malta to any member of a crew intending to continue his journey
in the vessel by which he arrives for the period of the vessel’s stay in port and on condition that he leaves in the same vessel;
(b) grant leave to land or leave to land and remain to any other person arriving in Malta, under such conditions and for such
period as the Principal Immigration Officer may deem proper to establish;
(c) grant extensions of the period referred to in the last preceding paragraph by such further periods as in each case the Principal
Immigration Officer may deem proper to grant and under such conditions, whether similar to those previously imposed or
not, as he may deem proper to establish:
Provided that, unless it is otherwise expressly established, any extension shall be deemed to have been granted under
the same conditions which applied, and for a period of the same duration as the period which expired, before such extension was
granted.
(2) Unless the Principal Immigration Officer expressly specifies a longer or shorter period, leave granted under
paragraph (b) of the last preceding sub-article shall be deemed to have been granted for twenty-four hours in the case of leave to land and for
three calendar months in the case of leave to land and remain in Malta.
(3) Notwithstanding the provisions of sub-article (1)(a), where the vessel therein referred to is an aircraft, a member of the crew of su ch ai rcraft need not necessari ly cont inu e
hi s jou r ney in th e aircraft by which he arrived, subject to his leaving Malta within three days of his arrival.
(4) The Principal Immigration Officer shall not refuse leave to land and remain in Malta to any person in respect of whom two
medical practitioners of whom at least one shall be a government medical officer certify that such person needs immediate medical
or surgical treatment which cannot be deferred without prejudice to his health:
Provided that such leave shall be deemed to have been granted until, and to expire on, the seventh day of the date of a
Powers of Principal Immigration Officer. Amended by: XXIII. 2002.8.
certificate made by a government medical officer to the effect that there is no longer any necessity that such person should remain in Malta for the purpose of or in connection with such treatment.
Residence permit.
Amended by:
VIII. 1982.2;
XXXIII. 1988.2;
IX. 2000.7;
XXIII. 2002.9.
(2) Subject to the provisions of this Act, a residence permit shall confer on the person to whom it is issued the right to land
and to remain permanently or indefinitely in Malta.
(3) Any residence permit issued under this Act may be revoked by the Minister for the following reasons:
(a) when the permit was obtained on the basis of fraud, or omission on the part of the resident at the time of his application for
a residence permit of a material fact which, had it been known then, would have reasonably justified the Minister to refuse the
application for such permit;
(b) when, following the grant of a residence permit, the said resident, commits, whether in Malta or outside Malta, a serious
crime which, had it been committed prior to the granting of such permit, would have reasonably justified the refusal of
such permit by the Minister.
(4) Any person aggrieved by such decision shall have a right to appeal to the Board within ten days from when he is notified of
such revocation.
(5) The Minister may make regulations to implement the provision of this article, including , wit hout prej udice to the
generality of the foregoing, to regulate any right of appeal to the Bo ard ap per t ai ni ng to a person ag gr iev e d by a deci
sio n o f t h e Minister, and any application for residents in Malta to bring to Malta any of their dependants to reside with them.
Visas. Substituted by: XXIII. 2002.10.
(2) The Minister may make regulations in order to -
(a) list the countries whose nationals will be required to be in possession of a visa for any stay for such period of time as may
be prescribed, or whose nationals will be exempted from such requirement;
(b) regulate all aspects of the issue of visas or other forms
of authorisation and make provision for different types of visa including visas for single or multiple entry or re-entry;
(c) make provision for and regulate the issue of visas at the border;
(d) make provision for and regulate the revocation of visas;
(e) regulate the issue and revocation of emergency travel documents to persons who hold the nationality of such states as may be
prescribed.
(2) The provisions of the last preceding sub-article shall not apply to leave granted for the purposes of sub-article (1)(a), or of article 6(3).
Leave to land or to remain in Malta to be signified by permit or endorsement on passport.
Amended by: XXIII. 2002.11.
no tified by notice in the Gazette * until the departure of such aircraft is imminent.
(2) Where leave to land is refused to any person arriving in Malta by any other means, such person at his own request may, with
the leave of the Prin ci pal Im mi gratio n Officer, be p l aced temporarily on shore and detained in some place approved by the
Minister and notified by notice in the Gazette:
Provided that he shall be returned to the vessel by which he is to leave Malta immediately that he makes a request to that effect
or that the Principal Immigration Officer so directs, whichever is the earlier.
(3) Any person, while he is detained under sub-article (1) or
(2), shall be deemed to be in legal custody and not to have landed.
Temporary detention.
11. (1) It shall be an implied condition of any leave granted to any person under article 6(1)(a) or, saving the provisions of Part III, of a residence permit issued to any person under article 7(1) that such person shal l not
in Malta exercise any profession or occupation or hold any appointment or be employed by any other person or engage in business
without a licence from the Minister.
(2) It shall be an implied condition of any leave granted to any person under article 6(1)(b) or extended under paragraph (c), that such person shall n o t in Malta exercise any profession or occupation or hold any appointment or be employed by any other
person without a licence from the Minister.
Implied conditions. Amended by: VIII.1982.2;
XIII. 1983.5; XXXIII. 1988.2;
IX. 2000.7; XXIII. 2002.12.
*See Legal Notice 193 of 1996.
(3) The Minister may grant a licence for any of the purposes mentioned in sub-article (1) or (2) for such period and under such conditions as he shall think fit and may at any time cancel or vary the conditions of any such licence.
Furnishing of security. Amended by: VIII. 1982.2: XXXIII. 1988.2; IX. 2000.7;
L.N. 411 of 2007.
(2) Where the security required and furnished for the purpose of the preceding sub-article consists in the deposit of a sum, the
sum so deposited may be applied in meeting any charges incurred by public funds for the maintenance of the person in whose favour
the security stands or of his dependants or incurred otherwise in conn ection with him or them whil e in Malta or for his or their
deportation or repatriation, and the balance, if any, or the whole, if no part is applied as aforesaid, shall only be refunded upon
the Principal Immigration Officer being satisfied that such balance or the whole deposit is no longer required for the purpose of
ensuring compliance with the provisions of this Act or of any conditions imposed thereunder.
(3) Notwithstanding any other law to the contrary, no garnishee order shall be executed on any amount deposited, wherever this
may be, for the purpose of the above security, or any part thereof, unless and before such amount or part thereof is due to be refunded
in accordance with the last preceding sub-article.
Declared purpose.
Amended by:
VIII. 1982.2.
XXXIII. 1988.2;
IX. 2000.7.
13. (1) Nothing in article 11(2) shall prevent the Principal Immigration Officer from granting or extending leave to any person
under article 6(1)(b) or (c) subject to the condition that such person is no t to eng age i n Malta in any act ivity other t han that f al ling within the declared
purpose.
(2) For the purpose of this article, "declared purpose" means the purpose which any person requesting leave to land and
remain in Mal t a d e cl ares to t h e Pr in ci pal Immi grat ion Offi cer and is accepted by the latter to be the purpose of his
request:
Provided that the Principal Immigration Officer shall not accept as a declared purpose any activity for the exercise whereof a licence
of the Minister is required under article 11(2).
Removal order. Amended by: VIII. 1982.2; XIII. 1983.5; XXXIII. 1988.2; VIII. 1990.3;
IX. 2000.7. Substituted by: XXIII. 2002.13.
Provided that in relation to any such person as may be prescribed by regulations made under article 4A and who entered Malta
or is in Malta, a removal order shall only be issued following an application to that effect by the Principal Immigration Officer
to
the Board which shall make such order upon being satisfied that such person is liable to expulsion under this Act. The provisions
of article 25A shall mutatis mutandis apply to any order issued by the said Board under this proviso.
(2) Upon such order being made, such person against whom such order is made, shall be detained in custody until he is removed from
Malta:
Provided that if the person in respect of whom an expulsion order has been made is subject to criminal proceedings for a crime punishable
with im prisonm ent or is serving a sentence of imprisonment, the Minister may give such directions as to whether the whole or part
of the s e ntence is to be s e rved before the expulsion o f such person fro m Malt a, and , i n default of such directions, such
person shall be removed after completion of the sentence.
(3) Nothing in this article shall affect the obligation of any person who does not fulfil or who no longer fulfils the conditions
of entry, residence or free movement to leave Malta voluntarily without delay.
(4) Removal of a person shall be to that person’s country of origin or to any other State to which he may be permitted entry,
in p a rt icu l ar un der t h e relev a nt p r ov i s io ns of any ap pl icab le re- admission agreement concluded by Malta and in
accordance with international obligations to which Malta may be party.
(5) Nothing in this article shall preclude or prejudice the application of Maltese law on the right to asylum and the rights
of refugees and of Malta’s international obligations in this regard.
(6) On an application made by the Principal Immigration Officer to the Board, the Board, if satisfied that any expenses
have been or will be incurred by the Government in connection with the m a i n t e nan c e, medi cal treat ment o r ex pu lsi o n
o f a pr oh ib it ed im mi grant or h i s d e pend ant s , ma y is sue an executive warrant against a prohibited immigrant and may
also order the forfeiture of such amount of any moneys in his possession as is to be recovered. A warrant issued under this sub-article
may be enforced in the same manner as a warrant issued in virtue of an executive title for a civil debt by a Court in the exercise
of its civil jurisdiction. The partial recovery of expenses under this subarticle shall not prejudice the l i abi lity of any surety
fo r the balance, nor shall t h e issue or execution of a warrant under this article be a condition precedent to the liability of
a surety.
(7) The Minister may make regulations for the purpose of implementing the provisions of this article and in particular
for further regulating the manner and procedure for, and the costs of, expulsion.
Responsibility of carriers.
Amended by:
VIII. 1990.3.
Substituted by:
XXIII. 2002.13.
Amended by:
XVII. 2005.8;
L.N. 411 of 2007.
Cap. 12.
(2) At the request of the Principal Immigration Officer the carrier shall return a person refused entry on the grounds
of not b e in g in p o ssessi on of a ny vi sa o r do cu men t m e nt io ned i n t h e pr ecedin g subarticle, either to the S t
at e from which he was transported, or to the State which issued the travel document on which he travelle d, if any, or to any
othe r St ate to whic h he is guaranteed entry.
(3) At the request of the Principal Immigration Officer the ca rrier s h al l als o re turn, as s p ec ified in subarticle
(2), a third country national in transit through Malta if the carrier which was to take him to his country of destination refuses
to take him on board or the authorities of the state of destination have refused him entry and have sent him back to Malta.
(4) A carrier which cannot return a person as laid down in su barticles (2) and (3), shall fin d the means of
onward transp ortati on im mediately and b ear the costs thereof, or, if immediate onward transportation is not possible, he shall
assume r espon sib ility for the costs of th e stay and retur n of the person concerned.
(5) A carrier may not carry from any State to Malta a person who is not in possession of any travel docum ent, visa or other
special authorisation where required under this Act, required for his lawful entry into Malta and in case of such default such carrier
shall be liable to pay to the Principal Immigration Officer such penalty as may be established by him, not being more than eleven
thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) for each person carried or such other maximum sum
as
may be prescribed by the Mi nist er. Su ch pena lty sh all be recoverable by the Principal Immigration Officer, after the term
within which an appeal to the Board may be entered, has elapsed without an appeal having been entered, or after the decision of such
Board as a civil debt due to the Government and the provisions of article 466 of the Code of Organization and Civil Procedure shall, notw ithstandi ng any other pro v ision to the co ntrary, mu tatis
mutandis apply to such debt.
Powers of arrest. Amended by: XXIII. 2002.14.
Warrant not a bar to removal order. Amended by: XXIV.1995.360. Cap. 12.
Recovery of expenses.
17. Notwithstanding any other law to the contrary, no removal order shall be obstructed nor shall the implementation of any such order be delayed by means of any warrant issued under the Code of Organization and Civil Procedure.
(a) if he is not a member of a crew, to the country of which he is a national or from which he embarked for Malta;
(b) if he is a member of a crew, to the country of which he is a national or where he was engaged:
Provided that the Minister may, at the request of such person, direct that he be removed to another country.
Destination of person in respect of whom a removal order has been made.
Amended by: VIII. 1982.2;
XXXIII. 1988.2; IX.2000.7.
(2) It shall be lawful (notwithstanding any intervening prosecution) for the Principal Immigration Officer or any Police
officer to place any person to whom this article applies on board th e vessel in wh ich he arrived in Malta or on bo ard any ve
ssel belonging to the same owners for removal from Malta.
(3) This article shall apply to -
(a) any person to whom leave to land has been refused;
(b) any person who, not having been granted leave to land, is found on shore in Malta;
(c) any member of a crew who, having been granted leave to land or leave to land and remain in Malta under article 6(1)(a), is reasonably suspected of having acted or of being about to act in contravention of this Act:
Provided that this article shall not apply, in so far as it imposes an obligation on the master, owner or agents of the vessel
i n wh ich a perso n arrived in Ma l t a, if a pe riod ex ce ed ing si x months has elapsed since the date of the last landing
of such person in Malta from that vessel.
Master or owner of vessel to remove certain persons. Amended by:
VIII. 1982.2; XXXIII. 1988.2;
IX.2000.7.
(2) A deportation order may be made subject to any condition which the Minister may deem proper.
(3) Notwithstanding any other law to the contrary, no deportation order shall be obstructed, nor shall the implementation
of such order be delayed, by means of any warrant issued under the Code of Organization and Civil Procedure.
Master of vessel to detain on board certain persons.
Deportation orders.
Amended by:
VIII. 1982.2.
XXXIII. 1988.2;
XXIV.1995.360;
IX. 2000.7;
XXIII. 2002.16.
Cap. 12.
(4) A person with respect to whom a deportation order is made shall leave Malta in accordance with the order and shall thereafter
so long as the order is in force remain out of Malta.
(5) A person with respect to whom a deportation order is made may be detained in such manner as may be directed by the Minister
until he leaves Malta and may be placed on board a vessel about to leave Malta, and shall be deemed to be in legal custody whilst
so detained and until the vessel finally leaves Malta.
(6) The master of a vessel with adequate passenger facilities about to call at any port outside Malta shall, if so required by
the Minister or by the Principal Immigration Officer, receive a person against whom a deportation order has been made and his dependants,
if any, on board the vessel, and afford them against payment a pa ssage to that po rt and proper accommodation and maintenance during
the passage.
(7) The Minister may, if he thinks fit, apply any money or property of a person against whom a deportation order has
been made in payment of the whole or any part of the expenses of or incidental to the voyage from Malta and of the maintenance until
departure of that person and his dependants (if any).
Mutual recognition of expulsion orders. Added by:
XVIII. 2009.2.
23. (1) The Principal Immigration Officer shall recognise a decision of expulsion issued by another Member State in line with the
provisions of Dire ctive 2001/40/EC of the 28th May 2001 on the Mutual Recognition of Decisions on the Expulsion of Third Country Nationals and take the necessary
measures to enforce such decision.
(2) The provisions of this article shall apply to decisions of expulsion, which have not been rescinded by the issuing Member State,
in relation to:
(a) a third country national, whose expulsion is based on a serious and present threat to public order or to national security and
safety, taken in the following cases:
(i) a conviction in the issuing Member State for an offence punishable by a penalty involving deprivation of liberty
of at least one year;
(ii) the existence of serious grounds for believing that the third country national has committed serious criminal offences
or the existence of solid evidence of his intention to commit such offences within the territory of a Member State;
(b) a third country national who is the subject of an expulsion decision based on failure to comply with national
rules on the entry or residence of aliens.
(3) The provision of this article shall not apply to family m e mbers of p e rsons who have exercised their right of fre
e movement in accordance with the provisions of European Union and Maltese legislation.
(4) A third country national in whose regard a decision of expulsion has been issued as provided in sub-article (2) may
be
taken into custody without warrant by the Principal Immigration Officer or by any Police officer and while he is so kept in custody
he shall be deemed to be in legal custody.
(5) No expulsion decision issued by the Principal Immigration Officer or by the competent administrative authority of a Member
State shall be obstructed by means of any warrant issued under the Code of Organization and Civil Procedure.
(6) The provisions of articles 14 and 25A shall apply to expulsion orders and the enforcement of expulsion orders taken
against third country nationals.
Cap. 12.
24. If any person who has left Malta under a removal order or a deportation order at any time seeks leave to land or leave to land and remain in Malta or if he seeks to obtain a residence permit, he shall expressly declare in writing to the Principal Immigration Officer such circumstance and, if he fails to do so, any such leave or any residence permit granted to him shall be null and void and he shall , moreover, by reason o n ly of such omission and wi thou t prejudice to the issue of a removal order or a deportation order under this Act, be guilty of an offence and liable, on conviction by the Co urt of Ma gist rat e s, t o a fin e ( mu lta ) no t exce edi ng on e thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
(British Su bjects) Ord i nan c e, 1948 , or the Al iens Ordinance,
1949*, for the purpose of allowing any person to land or to land and remain in Malta, shall be deemed to have been granted or extended
for the unexpired portion of its duration under the provisions of this
Act and this Act shall apply to such leave accordingly:
Provided that the conditions attached to such leave, unless modified by the Principal Immigration Officer, shall continue to apply.
(2) Any permit of work or employment granted or extended under one of the laws mentioned in sub-article (1), shall be deemed to
have been granted or extended for the unexpired portion of its duration under article 11(3) and this Act shall apply accordingly:
Provided that the conditions attached to such permit, unless modified by the Minister shall continue to apply.
(3) Any person who has been granted under article 36 of The Immigration (British Subjects) Ordinance, 1948,* an exemption which
has conferred on him the right to establish his permanent residence or residence for an indefinite period in Malta or who has been
granted any corresponding right under any other provision of one of the laws mentioned in sub-article (1), shall be deemed to h a
ve b e en gran ted a residence p e rmit and th is Act sh al l ap pl y accordingly:
Person who has been removed or deported from Malta to declare such circumstance. Amended by:
XIII. 1983.5; VIII. 1990.3;
XXIII. 2002.18; L.N. 411 of 2007.
Transitory provisions. Amended by: XLIV.1972.3; VIII.1982.2; XXXIII. 1988.2; IX.2000.7.
*Repealed by article 37 of this Act as originally enacted and which is being omitted under the Statute Law Revision Act, 1980.
Provided that the conditions attached to the granting of any such exem ptio n o r correspo ndin g righ t, unl ess m odi fi ed by the
Principal Immigration Officer, shall continue to apply in addition to the implied condition referred to in article 11(1).
(4) Any person, who has been ordinarily resident in Malta continuously for a period of at least f if teen years imm ediately
before the coming into force of this Act and who is not a person falling under sub-article (1) or (3), shall be deemed to have been
granted leave to land and remain in Malta under article 6(1)(b) for the period of one year from the coming into force of this Act and, save as provi ded in the next fo llo win g sub - articl e
, all the provisions of this Act shall apply accordingly.
(5) Without prejudice to the imposition of any conditions under article 11(3), sub-article (2) of the same article shall not apply,
saving the provisions of any other law, to any person referred to in the last preceding sub-article during the said period of one
year from the coming into force of this Act.
PART V
Immigration Appeals Board. Added by: XXIII. 2002.19. Amended by: VIII. 2004.9; XVII. 2005.8..
Cap. 12.
GENERAL
25A. (1) (a) There shall be a board, to be known as the Immigration Appeals Board, hereinafter referred to as the Board consisting of
a lawyer who shal l preside, a person versed in immigration matters and another person, each of whom shall be appointed by the
President acting on the advice of the Minister:
Provided that the Minister may by regulations prescribe th at the Board sh al l consist of mor e than on e division each composed
of a Chairman and two other members as aforesaid.
(b) The Minister may make regulations to regulate the distribution by typ e s of appeals or applications amongst the divisions
of the Board.
(c) The Board shall have jurisdiction to hear and determine appeals or applications in virtue of the provisions of this Act or regulations
made thereunder or in virtue of any other law.
(2) A member of the board shall be disqualified from hearing an appeal in such circumstances as would disqualify a judge in terms
o f Sub-Title II o f Ti t l e II of Book Th ird of the C o de of Organization and Civil Procedure; and in any such case either the member shall be substituted by another person appointed for the purpose by the President acting
on the advice of the Minister, or the appeal, when there is more than one division of the Board in office, may be referred by order
of the Board from one division of the Board to another.
(3) The members of the Board shall hold office for a period of three years, and shall be eligible for re-appointment.
(4) A member of the Board may be removed from office by the President acting on the advice of the Prime Minister, on grounds of
gross negligence, conflict of in te re st, incompetenc e, or ac ts or omissions unbecoming a member of the Board.
(5) Any person aggrieved by any decision of the competent authority under any regulations made under Part III, or in virtue
of article 7, article 14 or article 15 may enter an appeal against such d ecision and th e Board shall h a ve jurisdictio n to hear
an d determine such appeals.
(6) During the course of any proceedings before it, the Board, may, even on a verbal request, grant provisional release to any
person who is arrested or detained and is a party to proceedings before it, under such terms and conditions as it may deem fit,
and the provisions of Title IV of Part II of Book Second of the Criminal Code shall, mutatis mutandis apply to such request.
(7) Any appeal has to be filed in the Registry of the Board within three working days from the decision subject to appeal.
(8) The decisions of the Board shall be final except with respect to points of law decided by the Board regarding decisions
affecting persons as are m e ntione d in Part III, from which an appeal shall lie within ten days to the Court of Appeal (Inferior
Jurisdiction). The Rule Making Board established under article 29 of the Code of Organization and Civil Procedure may make rules governing any such appeal.
(9) The Board shall also have jurisdiction to hear and determine applications made by persons in custody in virtue
only of a deportation or removal order to be released from custody pending the determination of any application under the Refugees
Act or otherwise pe nding their deport ation in accorda n ce with the following subarticles of this article.
(10) The Board shall only grant release from custody under subarticle (9) where in its opinion the continued detention of
such person is t aki ng into account all the circum stances of the case, unreasonable as regards duration or because there is no
reasonable prospect of deportation within a reasonable time:
Provided that where a person, whose application for prot ecti on un der th e Refugees Act has been refused by a fin al d e cision, do es not co -operate wit h the Principal Immigratio n Officer with respect to his repatriation
to his country of origin or to any other country which has accepted to receive him, the Board may refuse to order that person’s
release.
(11) The Board shall not grant such release in the following cases:
Cap. 9.
Cap. 12.
Cap. 420.
Cap. 420.
(a) when the identity of the applicant including his nationality has yet to be verified, in particular where the applicant has destroyed his travel or identification documents or used fraudulent documents in order to mislead the authorities;
Cap. 420.
Cap. 420.
(b) when elements on which any claim by applicant under the Refugees Act is based, have to be determined, where the determination thereof cannot be achieved in the absence of detention;
(c) where the release of the applicant could pose a threat to public security or public order.
(12) A person who has been released under the provisions of su bar tic les ( 9 ) t o (11 ) ma y, w h er e t h e Pr in cipa l I m
mi gr ati o n Of fi cer is satisfi ed that there ex ists a reasonabl e prospect of dep o r t at io n or t h at su ch p e r s on is
no t co- o p e rat i n g wi th th e Principal Immigration Officer with respect to his repatriation to his co untry of o r igi n or
to anot her co untr y wh ich has accept ed to receive him, a nd no proceedings under the Refugees A c t are pending, be again taken into custody pending his removal from Malta.
(13) It shall be a condition of any release under subarticles (9) to (12) that the person so released shall periodically (and in
no case less of ten than on ce ev ery week ) r e p o rt t o t h e i mmig rati on authorities at such intervals as the Board may
determine.
Delegation of powers by Prime Minister and the Minister. Amended by: VIII. 1982.2;
XXXIII. 1988.2;3; IX. 2000.7;
XIII. 2005.23.
Provided that the Prime Minister and the Minister may each, as the case may be, authorise under this sub-article different
persons for different purposes.
(2) Any such authorisation and any repeal thereof shall be published by notice in the Gazette and shall have effect from
the date of such publication unless a later date is indicated in the same notice.
Power of Principal Immigration Officer to board vessel.
Production of passport and giving of information.
Master to furnish returns.
outside Malta shall furnish, to such person and in such manner as may be prescribed, a return giving the prescribed particulars with
respect to any passengers and every passenger shall furnish to the master of t h e vessel any inform ation requ ired by him for the
purpose of the return. The same return shall be furnished at the request of such person by the master of any other vessel arriving
at any port in Malta from a port outside Malta.
(2) The master of any vessel arriving at any port in Malta from a port outside Malta shall furnish, to such person and in such
manner as may be prescribed, a return giving the prescribed particulars with respect to any members of the crew.
(3) The particulars prescribed for the purpose of sub-article (1) or (2) in relation to the passengers or members of the crew of
an aircraft may be different from those prescribed in relation to any other passengers or members of a crew.
30. Any person, not being an exempt person, who lands in Malta pursuant to or under any regulation made under articles 44 and/or
50 of the Prevention of Disease Ordinance shall be deemed to have landed and to be in Malta with the leave of the Principal Immigration Officer for the purpose of the regulation
in pursuance whereof or under which he has so landed and such purpose shall be deemed to be the declared purpose referred to in article
13.
(2) The keeper of any premises to which this article applies shall, on the arrival of any person who is not an exempt person,
ascertain and enter or cause to be entered in the register kept for the purpose the name and nationality of such person, together
with the date of his arrival and the address from which he last came; and on departure of any such person the keeper of the premises
shall enter or cause to be entered in the register the date of departure and the destination on departure of that person.
(3) The keeper of any premises to which this article applies shall also, if directions for the purpose are issued by the Minister,
make to the Principal Immigration Officer such returns concerning the persons staying at the premises, at such times or intervals
and in such form, as may be specified in such directions.
(4) It shall be the duty -
(a) of every person above the age of fourteen years staying at any premises to which this article applies to sign, when
so required, a statement as to his nationality, and, if not an exempt person, to furnish and sign a statement of
the particulars required under this article;
(b) of the keeper of any premises to which this article applies to require any person above the age of fourteen years who
stays at the premises to sign the statement and furnish the particulars required from him under
Persons in Malta under Prevention of Disease Ordinance.
Cap. 36.
Particulars to be furnished by hotel- keepers and others. Amended by:
VIII. 1982.2; XIII. 1983.5;
XXXIII. 1988.2; VIII. 1990.3;
IX. 2000.7; XXIII. 2002.20; L.N. 411 of 2007.
any statements supplied under this article to any previous keeper of the premises) for a period of two years from the date
when the statements were signed.
(5) Every register kept, and all particulars furnished, under this article, shall at all reasonable hours be open for inspection
by any Police officer or by the Principal Immigration Officer.
(6) The Minister may prescribe the form in which a register is to be kept or statements furnished under this article.
(7) Any person who fails to comply with any of the provisions of this article shall be guilty of an offence and shall be liable,
on conviction, to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) but not exceeding four thousand
and six hundred and fifty-eight euro and seventy-five cents (4,658.75) or to imprisonment for a term not exceeding one year, or to
both such fine and imprisonment.
(8) This article applies to any premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided
for reward.
Other offences. Amended by: XIII. 1983.5; VIII. 1990.3; XXIII. 2002.21;
L.N. 411 of 2007.
shall be guilty of an offence and shall be liable, on conviction by the Court of Magistrates, to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) or to imprisonment for a term
not exceeding two years or to both such fine and imprisonment, unless a greater punishment is established for such offence by another
law.
(2) The provisions of the last preceding sub-article shall not apply to a person who conceals or harbours a person who is that
person ’s d escend ant , ascen dan t, sp ouse, brot her o r sister, fo r a period not in excess of seven days.
(3) Where the competent authority in Malta is requested by another State to prosecute for an offence under subarticle (1)(a), the competent authority shall first request the competent authority of the Sate making the request for prosecution to specify,
by means of an official denunciation or a certificate, the provisions of law which the latter State considers to have been infringed.
(a) the burden of proof that a person is an exempt person or that a person is not a prohibited immigrant under the provision of article
5(2)(a) shall be upon that person;
(b) a document purporting to be a removal order or a deportation order shall be presumed, until the contrary is proved, to
be the document which it purports to be;
(c) any order made under this Act shall be presumed, until the contrary is proved, to have been validly made and to have been made
on the date on which it purports to have been made.
Evidence and burden of proof.
purpose by the Minister by notice in the Gazette*, but if detained in prison he shall be treated as a person awaiting trial.
(2) The Minister may make regulations for the management, control and discipline of any place appointed by him under sub- article
(1) for the detention of persons, for the diet of the persons detained therein, and for the punishm e nt of persons detained therein
for any of fence com mit ted by them agai nst such regulations:
Provided that such punishment may not exceed the punishment established in the Criminal Code for contraventions.
(3) The Minister may also make regulations to establish a body corporate or unincorporate which shall be responsible for keeping
in detention perso n s liable to be kept in detention un der the provisions of this Act or under regulations made thereunder and
without prejudice to the generalit y of th e afo r esaid, su ch regulatio ns m a y make provision for any matter whatso ever
Place of detention.
Amended by:
XVII. 2005.7;
XV. 2008.37.
Cap. 9. Regulations
establishing a
detention service.
*See Legal Notices 20 of 1994 and 193 of 1996.
Cap. 420.
administration of such body as well as for any other matter deemed necessary or expedient by the Minister to enable that body to carry
out its functions under the regulations and for any other purpose consequential or ancillary to the aforesaid.
(4) The Minister may also make regulations to establish a body corporate or unincorpo rate which shall be responsible for the
accommodation in open reception centres of persons who qualify for such accommodation under the provisions of the Refugees Act, or regulations m a de thereunder, and without prejudice to the generality of the aforesaid, such regulations may make provision
for any matter w h atsoever concerning the funct i ons, fundi ng, staffing, organization and administration of such body as well
as for any other matter deemed necessary or expedient by the Minister to enable that body to carry out its functions under the regulations
an d fo r any ot her p u rpose con s equen t i a l or an cill ary t o the aforesaid.
Prohibition of entry to persons without accommodation in Malta.
Amended by: VIII. 1982.2;
XXXIII. 1988.2; IX. 2000.7;
XXIII. 2002.22.
Regulations. Amended by: VIII. 1982.2; XXXIII.1988.2; IX. 2000.7. Substituted by: XXIII. 2002.23. Amended by:
L.N. 274 of 2007; VII. 2008.12.
(2) The last preceding sub-article shall not apply -
(a) to any person who is a citizen of Malta by virtue of article 22(1) or of article 25(1) of the Constitution of Malta or who is deemed to be such a citizen under article 44(4) of the said Constitution; and
(b) to any other citizen of Malta who - (i) has emigrated from Malta;
(ii) was resident in Malta and has during the two
years immediately before emigrating been so resident for a continuous period of one year or for periods amounting in the aggregate
to one
year; and
(iii) returns to Malta within two years after his departure therefrom.
36. (1) Without prejudice to any provision of this Act vesting the power to make regulations in the Minister, the Minister may make
regulations for prescribing anything which is by this Act to be prescribed and generally for carrying the purposes or provisions
o f th is A c t int o ef f ect, and su ch power shall include that of providing that any person who contravenes or fails to comply
with the provisions of any one or more regulations shall be guilty of an offence against such regulations and of establishing the
penalty for such infringement which shall be a fine (multa) not exceeding two t h o u san d an d fi ve hu nd re d euro (€2 , 5 0 0 ) o r im pri s on me nt n o t exceeding three months, or
both such fine and imprisonment.
(2) In particular, the Minister may make regulations to regulate:
(a) any border checks which may be ordered, their scope, nature and frequency, the classification of different borders, the
designation of official points of entry in, and exit from, Malta, and the hours when such entry or exit may take place;
(b) the position of the holders of diplomatic, service and other official passports as well as of other categories of persons in
all matters which are the subject of this Act;
(c) the abolition of checks at the borders and matters related thereto, in line with the European Union Schengen acquis.
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